The Pennsylvania State Attorney General’s Office, Bureau of Consumer Protection is another resource for consumers harassed by debt collectors.  The AG’s office will not bring a private action for you, but they will take your complaint.  Please click here to read about the AG’s complaint process.

The following are links and telephone numbers to assist you:

• Consumer Complaint form  (online)
• Consumer Complaint form (printable)
• Do Not Call Complaint form
• The PA Attorney General’s Bureau of Consumer Protection Booklet (see pg 25-26)
• PA Bureau of Consumer Protection - 1-800-441-2555

 The FDCPA is one of those interesting statutes that creates strict liability for a violation of it.  Strict liability is liability imposed without regard to fault.  Therefore, if a violation of the FDCPA is proven, the debt collector is liable.  The simplest example of this is found in a “letter violation.”  That is, when a debt collector violates the FDCPA in a writing.  It’s on paper.  There’s no denying it (unless the debt collector claims that it did not write the letter and that someone is sending out fraudulent letters using their company’s information).  The violation is there.  Debt collectors, and some courts, sometimes refer to these violations as “technical” and dismiss them as if they are not important.  I take issue with this.  They are violations.  There is strict liability.   

Congress’ intent on creating strict liability lies within the FDCPA.  Section 1692k(a) reads “any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person…”  (Emphasis added.)  Further, the sections of the FDCPA repeatedly refer to “may not use any” and “may not engage in any” which further supports Congress’ intent on making the FDCPA a strict liability statute.

(Copyright - Amy B. Good-Ashman 2008)

“After an order of default has been entered by the board of directors or the court and the time for appeal has expired, the [Pennsylvania Higher Education Assistance] agency may execute upon the wages, salaries or commissions in the hands of an employer or any other person including the debtor when self-employed in order to effect the repayment of any sums due to the agency as determined by the provisions of this act. An employer shall include any person, partnership, association, corporation, institution, governmental body, unit or agency, school district or municipality, or any other entity employing one or more persons for a salary, wage, commission or other compensation. Execution shall comply with the following: Read More→

What happens in the beginning stages of a debt collection lawsuit?

• The debt collector or creditor files a Complaint with the Prothonotary.  This is the document that initiates the lawsuit.  The debt collector is the Plaintiff.  The person being sued is the Defendant.
• The debt collector (Plaintiff) must serve the Complaint on the consumer (Defendant).  This means that the debt collector (Plaintiff) must provide the consumer with formal and proper notice of the lawsuit that was filed.  In Pennsylvania, this must be done by the county Sheriff.
• After the Sheriff serves the Complaint on the consumer (Defendant), the consumer (Defendant) has twenty (20) days to respond to the Complaint by filing an Answer (a specific and detailed response to the information in the Complaint) or by filing Preliminary Objections (based on legal grounds, challenges the sufficiency of the Complaint, whether the Complaint follows civil procedure rules, etc.)  This is what a typcial “20 Day Notice” looks like and will appear somewhere in the beginning of the paperwork:

NOTICE

You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH TO FIND OUT WHERE YOU CAN GET LEGAL HELP:

LAWYER’S REFERRAL SERVICE OF THE

X COUNTY BAR ASSOCIATION

123 Any Street

Any Town, PA 00000

• If the consumer (Defendant) does not respond to the Complaint within twenty (20) days, the debt collector (Plaintiff) must serve what is called a “Ten Day Notice” on the consumer (Defendant).  This tells the consumer (Defendant) that they have ten days to respond to the Complaint (see number 3 above) or a judgment will be entered against them.  In Pennsylvania, this document is sent by mail.
• If the consumer (Defendant) does not respond within ten days, the debt collector (Plaintiff) will start the judgment process.  (See General Overview of the Debt Judgment and Execution Process)  You do not want to allow the lawsuit to get to this point without seeking legal advice.

If you have been sued by a debt collector, it is important that you respond to the Complaint within the required time either on your own (this is referred to as “pro se” and is generally not recommended but is better than doing nothing) or through an experienced consumer attorney.  You can also consult legal services or the lawyer referral service of your local bar association.  Do not ignore a Complaint.

(Copyright - Amy B. Good-Ashman 2008)